Rideshare trips are now part of daily life in Miami — from Brickell happy hours to MIA airport runs to South Beach late nights. They are also one of the fastest-growing categories of personal injury claims handled at our firm. When a rideshare driver crashes — or when a separate driver crashes into a rideshare car you happen to be sitting in — the insurance picture is dramatically different from an ordinary Florida fender-bender. Florida's Transportation Network Company (TNC) statute, Fla. Stat. § 627.748, layers special coverage on top of the state's no-fault Personal Injury Protection (PIP) system, and which layer applies depends on what the app was doing the instant the crash happened. This 2026 guide explains, in plain English, how rideshare accident claims actually work in Miami-Dade — without naming any specific outcome you should expect, because every case is different.

Quick Answer for Miami Rideshare Passengers

Florida regulates Uber, Lyft, and similar services as **Transportation Network Companies (TNCs)** under Fla. Stat. § 627.748.
When a TNC driver is **engaged in a prearranged ride** (passenger in the car, or driver en route to pick up), the TNC must maintain at least **$1,000,000 in liability coverage** plus uninsured/underinsured motorist (UM/UIM) coverage — § 627.748(7)(b)–(c).
When the driver has the app on but **has not yet accepted a ride**, lower contingent limits apply: **$50,000 per person / $100,000 per crash / $25,000 property damage** — § 627.748(7)(a).
When the app is **off**, only the driver's personal auto policy applies — and many personal policies exclude rideshare use.
You still have to meet Florida's **14-day PIP rule** under Fla. Stat. § 627.736(1)(a) and the **serious injury threshold** under § 627.737(2) to recover pain and suffering.
After 2023's HB 837, the personal injury statute of limitations is **2 years** under Fla. Stat. § 95.11(4)(a), and Florida is now a **modified comparative negligence (50% bar)** state under § 768.81(6).

Why Rideshare Crashes Are Legally Different in Florida

An ordinary two-car crash in Miami involves two private auto policies plus each driver's $10,000 PIP. A rideshare crash adds a third actor: the TNC itself. Uber, Lyft, and any other company that meets the definition of a 'transportation network company' in Fla. Stat. § 627.748(1)(c) must carry, or require its drivers to carry, the coverage limits set out in subsection (7). That coverage is **primary** during a prearranged ride — meaning the TNC's policy pays first, before the driver's personal insurance, before your own UM coverage, and before the at-fault third party's policy. Identifying which insurance phase was in effect at the moment of impact is the single most important early decision in a Miami rideshare case, because it determines whether the available coverage is $1 million, $100,000, or essentially nothing.

The Three Insurance Phases Under Fla. Stat. § 627.748

Phase 0 — App Off

The driver is not logged into the TNC platform. No TNC coverage applies. Only the driver's personal auto policy responds, and many personal policies in Florida contain a 'livery exclusion' that voids coverage if the vehicle is used for hire — even at the moment of an off-app crash, insurers sometimes argue the policy is void because of prior on-app use. If you're hit by an off-duty rideshare driver, your case looks like any other Florida auto case: the at-fault driver's personal liability limits (often the $10,000 PDL minimum with no bodily injury coverage), your own PIP, and your own UM/UIM if you carry it.

Phase 1 — App On, No Ride Accepted

The driver is logged in and waiting for a ride request. Under § 627.748(7)(a), the TNC or driver must maintain at least **$50,000 per person, $100,000 per crash for bodily injury, and $25,000 for property damage**. This is contingent coverage — it kicks in only if the driver's personal policy denies the claim, which it almost always does in this phase because of the livery exclusion. Phase 1 is the most underinsured phase: a serious Miami injury can easily exceed $50,000 in past medical bills alone.

Phase 2 — Ride Accepted or Passenger On Board

From the moment the driver accepts a ride request through the moment the passenger exits the vehicle, the TNC must maintain at least **$1,000,000 in combined-single-limit liability coverage** plus uninsured/underinsured motorist coverage in the same amount, per § 627.748(7)(b)–(c). This is the phase most passenger cases live in. If you were sitting in the Uber or Lyft when the crash happened — or if you were walking, biking, or driving and were hit by a rideshare driver who had a passenger or was on the way to a pickup — the $1 million TNC layer is in play.

How PIP Still Applies — Even in a Rideshare

Florida's no-fault system does not disappear just because you were in a rideshare. Under Fla. Stat. § 627.736, PIP follows the *person*, not just the vehicle. If you own a Florida-registered car, **your own PIP** is the first $10,000 medical/lost-wage layer, even when you are riding as a passenger in someone else's vehicle. If you don't own a Florida-registered car, PIP from a resident relative's policy may apply; if no household PIP exists, the rideshare driver's PIP is next in line. Two practical consequences for Miami passengers:

**The 14-day rule still applies.** You must receive initial medical care within 14 days of the crash or PIP is gone — § 627.736(1)(a). 'I felt fine after the Uber crash and waited three weeks' is one of the most common ways an otherwise strong rideshare case loses its first $10,000.
**The Emergency Medical Condition (EMC) cap still applies.** Without a written EMC determination from an MD, DO, PA, or ARNP under § 627.732(16), PIP medical is capped at $2,500 instead of the full $10,000.

When You Can Sue Beyond PIP — The Serious Injury Threshold

Even with $1 million in TNC coverage available, Florida's no-fault law restricts pain-and-suffering recovery to cases that meet the 'serious injury threshold' in Fla. Stat. § 627.737(2): significant and permanent loss of an important bodily function; permanent injury within a reasonable degree of medical probability (other than scarring or disfigurement); significant and permanent scarring or disfigurement; or death. A treating physician's permanency opinion is the usual mechanism. Without it, the available remedy is limited to economic damages — past and future medical bills, lost wages, and out-of-pocket losses.

The 50% Comparative Negligence Bar — Miami Cases After HB 837

Since March 24, 2023, Florida has been a **modified comparative negligence** state under Fla. Stat. § 768.81(6). If a jury (or insurance adjuster) assigns you **more than 50% of the fault** for the crash, you recover **nothing** — not a reduced amount, but zero. In rideshare cases this matters in two specific ways: (1) insurers sometimes argue the passenger 'distracted' the driver, and (2) insurers routinely argue that an injured pedestrian, cyclist, or other-vehicle driver bears some share of fault. Anything over 50% wipes out the case. This is why early evidence preservation — Uber/Lyft trip data, in-cabin and dash camera footage, EDR downloads, traffic-camera video, 911 audio — is now decisive in Miami rideshare litigation.

Two-Year Statute of Limitations

HB 837 also shortened the deadline. For motor-vehicle negligence accruing on or after March 24, 2023, you have **two years** from the date of the crash to file suit under Fla. Stat. § 95.11(4)(a). Pre-March-24-2023 crashes are still governed by the prior four-year period. Wrongful death claims have a separate two-year period under § 95.11(5)(e). Missing the deadline is jurisdictional — no extensions for negotiating with an adjuster, no extensions for medical recovery.

Evidence That Wins Miami Rideshare Cases

**Trip log and driver status data** from the TNC, showing which insurance phase was active at impact. Send a written preservation letter within days.
**In-cabin camera footage.** Many rideshare drivers run continuous dash and interior cameras; retention is usually 24–72 hours.
**Traffic-camera footage** from MDX, FDOT (I-95, Palmetto, Dolphin), the City of Miami, Coral Gables, and Miami Beach — typically overwritten within 7–30 days.
**Event Data Recorder (EDR) download** capturing speed, braking, throttle, and seat-belt use in the seconds before impact.
**911 audio and CAD reports** — public records under Fla. Stat. ch. 119.
**Florida Traffic Crash Report (Long Form)** — note that under § 316.066(4), the report itself is generally inadmissible at trial, but it drives insurer reserves.
**Medical records within 14 days** to comply with PIP and defeat 'failure to mitigate' arguments.
**Cell-phone records** to rebut a distracted-driving claim against the passenger or to support one against the driver.

Common Miami Rideshare Scenarios We See

**Phase 2 passenger injured in a rear-end on I-95** — the $1 million TNC layer is primary; the at-fault driver's personal policy is secondary.
**Phase 1 driver hits a pedestrian on Brickell Avenue** — only $50,000/$100,000 contingent coverage applies; the personal policy almost always denies.
**Phase 2 driver T-bones another car on Bird Road** — the other driver is the injured party; the TNC's $1 million liability layer applies.
**Passenger injured because the driver suddenly accepted a ping and accelerated** — fault analysis becomes critical under the 50% bar.
**Multi-vehicle crash on the Palmetto with an uninsured at-fault driver** — the TNC's $1 million UM/UIM layer under § 627.748(7)(c) is the recovery source.
**Airport drop-off crash at MIA** — local jurisdiction and Miami-Dade Aviation Department evidence rules layer on top.

What to Do in the First 72 Hours After a Miami Rideshare Crash

**Call 911 and request a Florida Traffic Crash Report.** A long-form report is required when there is any injury or significant damage.
**Screenshot the rideshare app** — the trip details, driver name, vehicle, and the trip status before the screen changes.
**Get medical care within 14 days** — same day if possible. Tell the provider it was an auto accident so PIP is billed correctly.
**Do not give a recorded statement** to the TNC's insurer or the at-fault driver's insurer before talking to counsel.
**Preserve evidence in writing.** Send preservation letters to the TNC, the driver, the at-fault driver's insurer, your own insurer, and any agency holding camera footage.
**Do not post about the crash on social media.** Adjusters and defense firms screenshot everything.
**Talk to a Miami personal injury attorney before signing anything** — including a medical lien, a release, or an early settlement offer.

Frequently Asked Questions

Does Uber or Lyft's $1 million policy cover me as a passenger?

Yes — once the driver has accepted your trip, the TNC's $1 million liability and UM/UIM coverage under Fla. Stat. § 627.748(7)(b)–(c) is in force, and it remains in force until you exit the vehicle. It is primary for that phase, ahead of the driver's personal policy.

What if the other driver caused the crash, not the rideshare driver?

You can pursue the at-fault driver's liability coverage **and** the TNC's UM/UIM coverage if the at-fault driver is uninsured or underinsured. Florida's UM statute, Fla. Stat. § 627.727, lets you stack the TNC's UM against the at-fault layer in the right circumstances.

Do I still need to use my own PIP if Uber's $1 million applies?

Yes. PIP is your no-fault first layer for medical bills and lost wages regardless of which liability layer ultimately pays. Failing to use PIP within 14 days does not just forfeit PIP — it gives the liability insurer a 'failure to mitigate' argument later.

How long do I have to sue after a Miami rideshare crash?

Two years from the date of the crash under Fla. Stat. § 95.11(4)(a), assuming the crash occurred on or after March 24, 2023. Wrongful death claims have their own two-year limit under § 95.11(5)(e).

Can I be blamed as the passenger?

Insurers sometimes try — arguing the passenger distracted the driver, didn't wear a seat belt (admissible on damages under § 316.614(10)), or contributed in some other way. Under § 768.81(6), anything over 50% fault wipes out the recovery, so the question is taken seriously even when the argument is weak.

Does Miami-Dade have any local rules I should know about?

Crash investigations on Miami-Dade Expressway Authority roads (Dolphin, Don Shula, Snapper Creek) and FDOT-controlled corridors (I-95, Palmetto, US-1) often involve overlapping agency jurisdiction. Camera-footage preservation letters need to go to the right agency within days, not weeks.

What does it cost to talk to a Miami personal injury attorney?

The Farber Law Firm offers a free, no-obligation consultation for rideshare and other auto-crash cases, and personal injury matters are typically handled on a contingency-fee basis as set out in our written retainer agreement. Costs and the precise fee structure are explained in writing before any engagement begins.

Talk to a Miami Rideshare Accident Attorney

If you or a family member was hurt as a passenger, driver, pedestrian, or other-vehicle occupant in a rideshare crash anywhere in Miami-Dade — Brickell, Coral Gables, Doral, Aventura, South Beach, Kendall, Homestead, or along I-95, the Palmetto, the Dolphin, or US-1 — the early days matter. Trip logs, dash-cam footage, and traffic-camera video disappear quickly, and the 14-day PIP clock starts running the day of the crash. The Farber Law Firm has represented Miami injury victims since 1995. Call **305-774-0134** or request a free case review for a confidential conversation about your options under Florida's 2026 rideshare insurance framework.

Hurt in a Miami Uber or Lyft Crash in 2026: A Florida Rideshare Accident Lawyer's Guide